개인정보보호법제의 정합성에 대한 연구

In the present era, most information is processed in electronic form. The Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the Information and Communication Network Act) is applicable to the processing of electronic forms of personal information by information and communications services. The Personal Information Protection Act should also apply to the use of personal information in electronic form, as the act is related to personal information. The following are two reasons for integrating the Personal Information Protection Act and the Information and Communication Network Act: first, there are a substantial number of similar regulations between the Privacy Protection Act and the Information and Communication Network Act; second, disputes related to personal information utilization are subject to the Personal Information Protection Act, which makes it difficult for people to understand the related laws. Given that technology is rapidly advancing in the field of information technology and has a large impact on both individuals and society, it is important to amend laws according to the changes of the times. In this age of big data, the use of non-identifiable information is important as it enhances the benefits to society and information subjects. Therefore, it is necessary to have a progressive view of the use of non-identifiable information. The use of pseudonymous information requires the consent of the data subject. Because pseudonymous information has the potential to enable identification of the data subject, it has a greater impact on the data subject than the use of anonymous information. However, if an independent agency reviews the adequacy of pseudonymization, and pseudonymous information is used for the public interest, it is possible to pseudonymise personal information without the consent of the data subject. If data that is stored in overseas cloud computing is leaked, it may cause problems, such as those related to jurisdiction. The legislation of extraterritorial application of domestic law to cloud computing can contribute to the development of related industries as well as to the protection of personal information. The main reason for the integration of the two laws pertaining to personal information is that it simultaneously solves the two problems of consistency in the legal system and the extent of personal information utilization, such as the use of pseudonymous information. It is clear that consistency in the legal system leads to the improvement of legal understanding. Therefore, first, it is necessary to discuss consistency in the legal system, and thereafter, to focus the discussion on personal information utilization.